Debunking Common Myths About California Criminal Law

Legal dramas are entertaining, but they’re not always legally accurate. Writers and directors play fast and loose with the law to make their shows and movies more interesting. While this isn’t an issue if you’re simply enjoying a show, it can become a problem if you try to apply “TV law” in real life. 

This article will debunk 10 of the most common myths about criminal law in California. If you have questions after reading this article, be sure to discuss them with a Marin County criminal defense lawyer. 

Myth #1: All Criminal Convictions Result in Jail Time 

Once a person pleads guilty or is found guilty, the court must impose an appropriate sentence. Judges are somewhat restricted by the limits outlined in the California Penal Code and the judicial sentencing guidelines; however, within these parameters, judges have a fair amount of discretion. While probation would not be a reasonable sentence for a premeditated murder, probation and other non-jail punishments are options for many crimes. In fact, a recent state report found that over 70 percent of California’s first-time felony offenders received probation. This statistic proves that California judges consider all options during the sentencing process. 

Myth #2: Every Criminal Case Goes to Trial 

On TV and in movies, nearly every case goes to trial. In real life, the opposite is true. The Public Policy Institute of California reports that just two percent of defendants in our state took their cases to trial. So, in reality, criminal trials are quite rare.  

Myth #3: The Victim Can Ask for the Charges to Be Dropped  

In popular media, the victim goes to the police to “press” charges. Later, after a change of heart, the victim returns to request that charges be dropped. In reality, after the police are called or a person files a police report, the information goes to the prosecutor. The prosecutor will consider factors such as the accused person’s criminal record and the severity of the alleged crime. Once charges are filed, the prosecutor is the only one who can withdraw them. 

Myth #4 – If the Police Searched Without a Warrant, There is No Case

The Fourth Amendment states that the police need to get a warrant before searching you, your possessions, or your home. However, the U.S. Supreme Court has created many exceptions to the warrant requirement, such as consent, plain view, and search incident to arrest. If the police didn’t have a warrant before they searched you, your car, or your home, be sure to tell your Marin County criminal defense attorney as soon as possible. 

Myth #5: If the Police Ask to Search You or Your Property, You Have to Let Them 

The U.S. Supreme Court has said that police do not need a warrant if a suspect agrees to the search. The police know this, so they often ask for consent. 

If the police ask to search your belongings, say no. Don’t worry that saying no will make you “look guilty.” It’s far better to “look” guilty and avoid conviction than to look innocent and be convicted. 

Myth #6: Failure to Read Miranda Rights = Automatic Dismissal of the Case 

This myth is wrong for two reasons. First, police officers only need to give Miranda warnings when they are engaged in custodial interrogation. The parameters of “custody” and “interrogation” are complicated and always shifting. Be sure to tell your attorney if you think that the police violated your Miranda rights. 

Second, when Miranda is violated, the remedy is the exclusion of the evidence obtained through the violation. So, even if a confession is suppressed, assuming that there is other evidence that is unrelated to Miranda violation, the case can continue.
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Myth #7: Only Guilty People Ask for Lawyers or Remain Silent. 

In legal dramas, innocent people always talk to the police and do so without an attorney in the room. In reality, this is a huge mistake. Invoking your Miranda rights is the best way to protect yourself until you can call a Marin County defense attorney. 

Police are trained to extract information, and they are good at it. If you think that you won’t fall for their tricks, consider the fact that 30 percent of the people exonerated by DNA evidence had confessed to crimes that they could not have committed. 

Myth #8: You Can’t Be Charged if You Didn’t Act Intentionally  

While American criminal law punishes intentional conduct harshly, it also punishes acts that are committed recklessly or negligently. Additionally, there is a category of crimes called “strict liability” where prosecutors don’t need to prove intent, recklessness, or negligence. They only need to prove that the defendant committed the illegal act.

Bottom line: The fact that you acted unintentionally won’t be a defense to many crimes. 

Myth #9: No Physical Evidence Means No Conviction

One of the most common tropes in legal dramas is the prosecutor who throws out the murder case because there is no body. In reality, there are two types of evidence: direct and circumstantial. In a murder prosecution, a video of the defendant killing the victim would be the best direct evidence. But circumstantial evidence, such as testimony from a neighbor who saw the defendant leave their home while holding a knife 15 minutes before the victim died and saw them return with a bloody shirt one hour later, is also helpful. Prosecutors prefer direct evidence, but can and do use circumstantial evidence to win cases. 

Myth #10: Accepting a Plea Bargain Means that You Are Guilty 

There are different types of guilty pleas. The standard guilty plea is an admission of guilt. However, California also recognizes Alford pleas and no contest pleas. Entering an Alford or no contest plea allows you to maintain your innocence while ending your criminal case. Talk to your San Francisco defense attorney about whether one of these pleas is an option in your case. 

Don’t Believe the Myths About California Criminal Law! 

Hopefully, you’ve learned that where the law is concerned, attorneys, not actors, are the experts. If you have questions about California criminal law or need representation in a legal case, contact Brownstein Law Group. Our team believes in aggressive advocacy in the courtroom and compassionate counsel with our clients. Call 415-795-9059 or use our online contact form to schedule a consultation.